Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-41]

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Death Of Supreme Court Registry's Official As Pandemic Rages On

As the pandemic rages in Delhi, a Supreme Court of India administration branch member passed away on Saturday due to the novel coronavirus, confirming the first COVID-19 death among the country's top court staffers.50 year old Rajendra Rawat was working at the Supreme Court's administration department and had tested positive for COVID-19 five days back. Rawat is survived by his spouse and...

Supreme Court Weekly Round Up

Week Commencing November 15 to November 22, 2020

"Liberty of a Citizen Cannot Be Taken Away In this Manner":SC Sets Aside HC Order Dismissing Criminal Revision Due To Absence Of Lawyer

While setting aside an order of the the Punjab and Haryana High Court dismissing the plea of a man on account of absence of his counsel, the Supreme Court has observed that "liberty of a citizen cannot be taken away in this manner".A bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee has observed that the high court was was manifestly in error in rejecting the revision order...

To Invoke Section 17 Limitation Act, Existence & Discovery Of Fraud Have To Be Pleaded & Proved : Supreme Court

The Supreme Court has observed that to invoke Section 17 of the Limitation Act 1963, the plaintiff has to plead and prove two ingredients - the existence and discovery of fraud.Section 17 of the Limitation Act deals with the effect of fraud on the limitation period for instituting a suit. It says that when the suit is based on the fraud of the defendant, the period of limitation shall not...

Rajiv Gandhi Assassination- Perarivalan Unaffected By Probe Into 'Larger Conspiracy'; TN Governor Can Take Call On Remission: CBI Tells Supreme Court

The CBI has informed the Supreme Court that convict A.G. Perarivalan has nothing to do with the further investigation conducted by its Multi-Disciplinary Monitoring Agency (MDMA) into the "larger conspiracy" behind the assassination of former Prime Minister Rajiv Gandhi in 1991.The Central probe agency was replying to the intervention application filed by the mother of the petitioner and...

Tablighi Jamaat- Supreme Court Grants 1 Wk Time To Centre To Respond On Departure Of 8 Discharged Foreigners To Home Country

The Centre on Friday sought one week time before the Supreme Court as regards facilitating departure of the 8 foreigners, accused in connection with the Tablighi Jamaat, to their home country in light of the order passed by the Revisional Court.The bench of Justices A. M. Khanwilkar and B. R. Gavai were informed by Senior Advocate Menaka Guruswamy that the eight petitioners who were...

Anticipatory Bail Application Not Maintainable By A Person Who Apprehends Arrest After Cancellation Of Regular Bail: Supreme Court

There cannot be an apprehension of arrest by a person already in the constructive custody of the law, the court said.

Bihar Elections: Plea In SC Seeks Contempt Against CEC, Political Parties For Alleged Failure To Publish Criminal Antecedents Of Candidates

A contempt petition has been filed in the Supreme Court seeking contempt action against the Chief Election Commissioner Sunil Arora and Bihar's Election Commission Officer for failing to comply with the Top Court's which had directed uploading names candidates of political parties who had criminal cases pending against them on their website.This petition was filed on November 6, while the...

'Unfair To Target A Lawyer For Appearing For A Particular Client' : Justice Lokur

I think that it's unfair to target a lawyer for appearing for a particular client", said Justice (Retd.) Madan B. Lokur, former Judge of the Supreme Court of India at a virtual session hosted by Delhi High Court Women Lawyers Forum and Women in Criminal Law Association. "If a lawyer is dealing with hundreds of COFEPOSA cases, you can't say that he is also a smuggler. I don't think the...

COVID 19- "Whether Liberty of Accused May Be Curtailed When The Trial Courts Are Unable to Proceed Trial?"Asks Allahabad High Court

The Allahabad High Court on Tuesday (17th November) sought response of the Law Department of the State of Uttar Pradesh as to whether in absence of trial, liberty of the accused-applicant may be curtailed.The Bench of Justice Rajesh Singh Chauhan was hearing a Bail matter, wherein, in compliance of the order dated 22.10.2020, the in-charge Additional District and Sessions Judge, Gonda...

Scope Of Art. 15(3) Much Wider Than Article 16(4): CAT Upholds 80% Reservation For Women Nurses In AIIMS

The Principal Bench of the Central Administrative Tribunal at Delhi has upheld 80% reservation for women in nursing officer posts. A Bench of Pradeep Kumar, Member (A) and RN Singh, Member (J) on Thursday dismissed two pleas against 'gender-based reservation' and said, "The reservation of 80% posts of Nursing Officer for female, as notified, is considered to be a special provision...